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James Obergefell : ウィキペディア英語版
Obergefell v. Hodges

''Obergefell v. Hodges'', , is a landmark United States Supreme Court case in which the Court held in a 5–4 decision that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.〔''Obergefell v. Hodges'', No. 14-556, (slip op. ) at 22 (U.S. June 26, 2015) ("The Court now holds that same-sex couples may exercise the fundamental right to marry.").〕
In November 2014, following a lengthy series of appeals court rulings from the Fourth, Seventh, Ninth, and Tenth Circuits that state-level bans on same-sex marriage were unconstitutional, the Sixth Circuit ruled that it was bound by ''Baker v. Nelson'' and found them constitutional, creating a split between circuits and leading to an almost inevitable Supreme Court review.
Decided on June 26, 2015, ''Obergefell'' overturned ''Baker'' and requires all states to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions.〔''Obergefell'', (slip op. ) at 28 ("The Court, in this decision, holds same-sex couples may exercise the fundamental right to marry in all States.").〕 This legalized same-sex marriage throughout the United States, and its possessions and territories. The Court examined the nature of fundamental rights guaranteed to all by the Constitution, the harm done to individuals by delaying the implementation of such rights while the democratic process plays out, and the evolving understanding of discrimination and inequality that has developed greatly since ''Baker''.
Prior to ''Obergefell'', thirty-six states, the District of Columbia, and Guam already issued marriage licenses to same-sex couples.〔 The governor of Puerto Rico announced on June 26 that same-sex marriage would begin in that territory within 15 days, and on June 29 and June 30, the governors of the Northern Mariana Islands and the Virgin Islands (respectively) made similar announcements. The status of same-sex marriage in American Samoa remains uncertain.
==Lawsuits in the district courts==
The U.S. Supreme Court case, ''Obergefell v. Hodges'', is not the culmination of one lawsuit. Instead, it is the result of a consolidation of six lower-court cases originally representing sixteen same-sex couples, seven of their children, a widower, an adoption agency, and a funeral director. The original cases hail from the four states of Michigan, Ohio, Kentucky, and Tennessee. All six federal district courts ruled for the same-sex couples and other claimants.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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